gabigoo

I have a legal question and need advice- My AH are separated- kind of-- In New Jersey there is no "legal" separation until 18 months apart- we are only at 2- but we are not living together. Now he has possession of our personal car which is in BOTH of our names- I have a company car I use so he took our SUV. He has paid for the vehicle for the past 2 months since he is driving it. But anyway here is my problem- he has not paid the car insurance for the past 2 months and the company cancelled the policy today. The car has NO insurance!!! My question is this- If he is driving the car and something happens am I liable? Can I be responsible? I called the insurance company today to see if I could be taken off the policy but since it was cancelled I can't!!! They told me that if I pay up the policy- $300- yes outrageous but that is what you get for living in New Jersey- but if I pay the amount to get the policy open again I can get my name off of the account. I do NOT want to pay for something that is HIS responsibilty b/c then he will NEVER pay for it. Any advice? I called my lawyer and he was sending a letter to my husbands lawyer telling him he HAS to pay the bill but that is like talking to a wall! My lawyer also said that I can call the local police and tell them that he is using the vehicle without insurance but they will arrest him and he will lose his license- which will make him lose his job and then he will NOT pay child support...blah...blah..blah! So what can I do???

Chy

Your in a very tough situation. I'm no legal eagle and can only offer my experience. When seperated from my husband I tried to make some changes on insurance, credit obligations, etc. I was stuck and was informed so long as we're married, our names are still on all obligations I was equally liable as was he for those obligations until court ordered otherwise in a divorce. Sorry, I know it's not what you wanted to hear, and maybe there are loop holes, but thought I'd share from my experience.

gabigoo

Thanks Chy! I know this is a VERY sticky situation- which is why I am starting the papers for divorce on Monday. Anyway, 1 more legal question--- I know I will owe my AH 50% of the equity in the home- which I am fine with- but when is that amount determined- I mean the current price of the home-- is it at the time of the divorce- which can be anywhere from 12 to 18 months away or is it the price at the time of separation? My neighbor told me it will go back to the price 2 months ago. I just wonder since I have the home and am paying the mortgage- which is only increasing the equity!!! Just wondering!!

Cynay

Im not an attorney but I believe it will be at the time the divorce is final.... or you can put that into the divorce decree.... also remember that any loan will have to be refinanced in order to take the other person off that loan. The court can say all they want that the other spouse is responsible.... the creditor will not remove you or him till the loan is refinanced.

Chy

I'm pretty sure that is correct and it will be based on your yearly tax appraisal at the time of the divorce.

Cecilia

Just a thought. Some A's dont seem to be very good at keeping up with their obligations. Especially once they get out on their own with no one to answer to. How about having your attorney figure out the total amount of child support he would pay over the years. If you have a lot of house equity you could take his half of the house equity instead of the child support lump sum money. Then you wouldnt have to badger him for the child support money.

myselfagain

Whatever you choose to do refi or sell, put it in the divorce decree that whatever bills he owes is to be taken outta his share of the equity. You give a copy of the decree to the title company or your agent and the title company will write checks out to the owed party. Its a law.
If you have credit cards in both ya'lls name call and cancel them, if they wont cancel them tell them they were stolen and you do not want replacements sent.(just in case he may get them before you)
If the car is in your name and his, and you have the title sign ya;ll names on the back and gift it to him, go to the courthouse and get your name off the title.
Cancel all your credit cards that are in both names, if they wont cancel them report them stolen and tell them that you do not want replacements sent. ( just in case he could get them outta the mail before you).
And for you folks that have disabled children, as long as that child, no matter the age has to live at home with you, the EX has to pay child support.
Get an appraisal on your home now, it will cost you a few hundrend but you want to know what the home was worth when ya'll split, because from this day forward you are paying the mortage and why should he benefit from your hard work. Any work that needs to be done to the house to put it on the market or that just need to be done(look hard) comes out of the equity 50/50 also.
Write a note to the insurance company to cancel the insurance , even though they have cancelled it on you they will still add to what you owe them untill the end of the policy.
Do you owe IRS money, let him pay it outta the equity.

You should not be screwed or let yourself be screwed in a divorce. THINK THINK THINK.
Been there.
Good Luck
P.S. I am not a lawyer but went thru a divorce in 2003/2004. Tried to be fair and do a do it yourself divorce but he felt I was tring to screw him so he wouldnt do it.